The Rule of Bankruptcy Procedure

The substantive provisions of the Code leave various procedural matters to be covered by rules. Bankruptcy Rules may be prescribed by the Supreme Court under § 2075 of Title 28 of the United States Code. In one significant change, § 2075 was amended in the Reform Act to preclude the substantive amendment of the Code by the prescription of new rules. On August 15, 1979, the Advisory Committee on Bankruptcy Rules distributed Suggested Interim Bankruptcy Rules for adoption as local rules to provide guidance in applying the then-existing rules in cases under the newly adopted Bankruptcy Code and to fill some of the gaps in those rules caused by the new legislation. These interim rules were adopted, often with some variation, in virtually every judicial district.

On August 1, 1983, new Bankruptcy Rules took effect which superseded the existing rules and became applicable to proceedings then pending. The emergency rule adopted as an Interim Bankruptcy Rule on a local basis to ease the jurisdictional crisis resulting from the Marathon decision is discussed in Chapter 2. It has been superseded, however, by the 1984 Amendments to the Bankruptcy Code. The Advisory Committee on Bankruptcy Rules has promulgated new rules periodically which after a comment period are transmitted to Congress by the Supreme Court. While the Bankruptcy Rules are procedural in nature, they are of great importance in bankruptcy practice, covering such matters as claim filing deadlines, the procedure to be followed in use of collateral disputes, burden of proof and service requirements. In an unusual departure from the normal rule adoption process, the Bankruptcy Reform Act of 1994 provided that Rule 7004 be amended to require that service of process in a contested matter or adversary proceeding on an insured depository institution be by certified mail.

In addition to the Rules of Bankruptcy Procedure there are local rules applicable in cases pending in each district which should be consulted, as well as local guidelines. Local rules often supplement the requirements of the Bankruptcy Rules for such matters as service, as well as dealing with local administrative issues such as intra-district venue.

San Diego, California

Welcome to San Diego, California's second largest city. Where blue skies keep watch on 70 miles of beaches and a gentle Mediterranean climate begs for a day of everything and nothing. Bordered by Mexico, the Pacific Ocean, the Anza-Borrego Desert and the Laguna Mountains, San Diego county's 4,200 square miles offer immense options for business and pleasure.

Bankruptcy: A legal declaration

Bankruptcy is a legally declared inability or impairment of ability of an individual or organizations to pay their creditors. Creditors may file a bankruptcy petition against a debtor ("involuntary bankruptcy") in an effort to recoup a portion of what they are owed. In the majority of cases, however, bankruptcy is initiated by the debtor (a "voluntary bankruptcy" that is filed by the bankrupt individual or organization).

Chapter 7	Chapter 13
Are you spending almost all of your income to pay living expenses?	Are you behind on your home loan? (Need to stop foreclosure and save your home)
Are creditors calling and demanding money that you need to feed yourself and your family?	Do you owe taxes or student loans that do not meet the requirements for a discharge?
Is there no money left to pay credit cards, medical debt or judgments?	Do you want to protect a friend or relative who co-signed for you?
Are wages needed for living expenses being garnished by a creditor?	Do you need to bring current child or spousal support payments?
Was your debt incurred involuntarily, as by sudden calamity or illness?	Do you have debts incurred by reason of drunk driving or fraud?
Have you had a recent job loss or a marital break-up?	Do you need to protect non-exempt assets?
Have you suffered emotional distress from creditor harassment and are you eligible for relief under 7?	Have you previously filed Chapter 7 within the last eight years?

About Us

The bankruptcy attorneys of the Pacific Bankruptcy Center, serve clients in Southern California, including San Diego County, San Bernardino County, and Riverside County; and the cities of San Diego, Riverside, San Bernardino, Chula Vista, National City, El Cajon, La Mesa, Mission Bay, Hillcrest, Ramona, Julian, Escondido, San Marcos, Vista, Oceanside, Encinitas, Solana Beach, Del Mar, Rancho Bernardo, Rancho Santa Fe, La Jolla, Pacific Beach, Ocean Beach, Little Italy, Old Town, Mira Mesa, North Park, Temecula, and Carlsbad.

Arrange Free Consult

Bankruptcy News

Chapter 7, stop foreclosure, stop harrassment, stop repossessions, stop telephone calls, stop lawsuits, stop utility shutoff's, stop annoying debt collectors, unfreeze bank accounts, regain your financial future, wipe out debt, chapter 13, "0.00 down with a wage order and balance paid through a trustee as part of the payment plan and not paid directly to the attorney, stop foreclosure and other legal proceedings, cram down secured liens,cure over extension of credit, overspending,eliminate medical debt.